What are the sanctions for an arbitration center when reporting inaccurately on its organization and operations according to regulations?

What are the sanctions for arbitration centers when reporting inaccurately on their organization and operations according to regulations?

Pursuant to Point k, Clause 1, Article 26 of Decree 82/2020/ND-CP violating regulations on the operation of arbitration centers and branches of arbitration centers; Branches and representative offices of foreign arbitration organizations in Vietnam are as follows:

Violations of regulations on the operation of arbitration centers and branches of arbitration centers; branches and representative offices of foreign arbitration organizations in Vietnam

1. Fine from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a) Notifying the competent authority on time about changing the legal representative, head of branch, head of representative office of the arbitration center; Head of branch, head of representative office of a foreign arbitration institution;

…

h) Improper use or incomplete recording of books and forms as prescribed;

i) Untimely registration of changes in name, field of operation, legal representative, location of headquarters of the arbitration center; Head of branch, location of branch headquarters of arbitration center or change of name, field of operation of branch of foreign arbitration organization, head of branch, location of headquarters of branch, representative office of foreign arbitration organization;

k) Improper or incomplete implementation of reporting regime; inaccurate reporting on organization and activities.

2. Fine from 3,000,000 VND to 7,000,000 VND for one of the following acts:

Thus, if an arbitration center reports incorrectly on its organization and operations, it may be fined from 1,000,000 VND to 3,000,000 VND.

To which agency must the arbitration center report its organization and operations?

Pursuant to Article 28 of the Law on Commercial Arbitration 2010 stipulates the rights and obligations of Arbitration Centers as follows:

Rights and obligations of the Arbitration Center

1. Develop charters and procedural rules of the Arbitration Center in accordance with the provisions of this Law.

2. Develop Arbitrator standards and selection process, prepare a list of Arbitrators, remove Arbitrator names from the Arbitrator list of your organization.

3. Send the list of Arbitrators and changes to the list of Arbitrators of the Arbitration Center to the Ministry of Justice for publication.

4. Appoint an Arbitrator to establish an Arbitration Council in the cases specified in this Law.

5. Providing arbitration, conciliation services and other commercial dispute resolution methods in accordance with the law.

6. Providing administrative, office and other services for dispute resolution.

7. Collect arbitration fees and other legal fees related to arbitration activities.

8. Pay remuneration and other expenses to the Arbitrator.

9. Organize training to improve qualifications and dispute resolution skills for Arbitrators.

10. Annually report on the Arbitration Center’s operations to the Department of Justice where the Arbitration Center is registered to operate.

11. Maintain records and provide copies of arbitration decisions at the request of disputing parties or competent state agencies.

Thus, the arbitration center must have the obligation to report annually on the activities of the arbitration center to the Department of Justice where the arbitration center is registered to operate.

What contents does the state management of Arbitration include?

According to the provisions of Clause 1, Article 15 of the 2010 Commercial Arbitration Law, the state management of Arbitration includes the following contents:

– Promulgating and guiding the implementation of legal documents on Arbitration;

– Issuing and revoking the Establishment License and Operation Registration Certificate of Arbitration Centers; Branches and representative offices of foreign arbitration organizations in Vietnam;

– Announcing the list of Arbitrators of arbitration organizations operating in Vietnam;

– Propagating and disseminating the law on Arbitration; international cooperation in the field of arbitration; guide the training and fostering of Arbitrators;

– Check, inspect and handle violations of the law on Arbitration;

– Resolve complaints and denunciations related to activities specified in Points b, c, d and dd, Clause 1, Article 15 of the 2010 Commercial Arbitration Law.

In addition, the Government unifies state management of Arbitration.

The Ministry of Justice is responsible to the Government for implementing state management of Arbitration.

The Department of Justice of provinces and centrally run cities helps the Ministry of Justice perform a number of tasks according to the Government’s regulations and the provisions of the 2010 Commercial Arbitration Law.